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news flash at murthy.com : concerning passport stamping
- Thread starter acreads
- Start date
savant123456
Registered Users (C)
Bottomline ...
If you are out of the country before your 485 was approved then you can come back in via your AP or H1 as the case may be. However if your 485 gets approved before your departure and you go for your stamping your AP's will be taken away and H1 stamped as "Cancelled without Prejudice". Even if you do not go for stamping these documents are effectively invalid as of 485's approval and hence you cannot use them to re-enter the country.
This is confirmed by my lawyer. Now either you can believe him who is one of the best immigration attorney's in Boston or you can believe various conflicting information as posted by our peers.
-Savant
If you are out of the country before your 485 was approved then you can come back in via your AP or H1 as the case may be. However if your 485 gets approved before your departure and you go for your stamping your AP's will be taken away and H1 stamped as "Cancelled without Prejudice". Even if you do not go for stamping these documents are effectively invalid as of 485's approval and hence you cannot use them to re-enter the country.
This is confirmed by my lawyer. Now either you can believe him who is one of the best immigration attorney's in Boston or you can believe various conflicting information as posted by our peers.
-Savant
TheRealCanadian said:The only entity with a stake in your admission is the airline - since they get to pay to return you home if you are not admitted. They need to ensure that they don't pay for too many return trips, but at the same time cannot be too restrictive as to what they accept; since their competitors will happily take the business.
Airlines are not restrictive for obvious reason - business. In fact I think they will be very happy to let people board onto their flights without varifying their visas/passport. But every destination countries have their own rules. For USA, DHS peneliizes airlines if they provide erroneous manifest or airlines fail to check visa/passport. If DHS finds a pattern for a particular airline or particular flight number is breaking this rules, probably they can stop that particular flight number citing security concern. Things have changed after 9/11.
savant123456 said:Even if you do not go for stamping these documents are effectively invalid as of 485's approval and hence you cannot use them to re-enter the country.
Nowadays most of the district offices take appointmment for stamping thru INFOPASS. The appointment date various anywehere between 1 week to 1 months in various offices. Now, if you received your approval notice today and you have flight ticket for day after tomorrow, can you do anything? I am not sure if you can get walk-in stamping - similar to walk-in AP in case of emergency.
GiveMeMyGCNow
Registered Users (C)
pralay...
I may be in exactly the scenario you outlined, if my 485 gets approved in the next 10 days. I would be really interested in knowing what my options are in that case?
Thanks...
I may be in exactly the scenario you outlined, if my 485 gets approved in the next 10 days. I would be really interested in knowing what my options are in that case?
Thanks...
savant123456 said:If you are out of the country before your 485 was approved then you can come back in via your AP or H1 as the case may be. However if your 485 gets approved before your departure and you go for your stamping your AP's will be taken away and H1 stamped as "Cancelled without Prejudice". Even if you do not go for stamping these documents are effectively invalid as of 485's approval and hence you cannot use them to re-enter the country.
This is confirmed by my lawyer. Now either you can believe him who is one of the best immigration attorney's in Boston or you can believe various conflicting information as posted by our peers.
-Savant
I disagree. My H1B stamp was not cancelled and neither was I asked for my EAD/AP. So effectively I can still board any flight to the US based on the validity of my H1B stamp and same should apply to all who have the I-551 stamp and a valid H1B visa stamp.
EAD2003 said:I disagree. My H1B stamp was not cancelled and neither was I asked for my EAD/AP. So effectively I can still board any flight to the US based on the validity of my H1B stamp and same should apply to all who have the I-551 stamp and a valid H1B visa stamp.
You said it right buddy. I also have H1 stampped that is not cancelled and can board flight. But just wondering, if INS officer at POE don't allow me to comeback in just b'coz I have just the I551 stamp and not actual card with me. DAMN!! Can anyone speak more on this.